Standard Oil Co. of New Jersey

National Labor Relations Board - Board Decisions

Dec 7, 1944

59 N.L.R.B. 776 (N.L.R.B. 1944)

In the Matter Of STANDARD OIL COMPANY OF NEW JERSEY and NATIONAL
MARITIME UNION OF AMERIOA
Case No. B-4054
SUPPLEMENTAL DECISION
AND
ORDER
December 7, 1944
On August 21, 1942, the Board issued a Decision and Direction of
Election in this proceeding ,' and on September 10, 1942, an amendment
thereto, directing that an election be held among all the unlicensed
personnel employed in the deck, stewards , and engine room depart-
ments, including chief stewards and relief men, on board the American-
flag tankers of Standard Oil Company of New Jersey, herein called the
Company. On June 11 , 1942, the Regional Director for the Second
Region ( New York City ) issued his Election Report which disclosed
the following results :
Unprotested Vessels' Tabulation
Approximate number of eligible voters_____________________ 1, 414
Total ballots cast______________________________ 1,284
Total challenged ballots________________________ 0
Total blank ballots ----------------------------- 1
Total void ballots ------------------------------- 5
Total valid votes counted_________________________________ ,278
Votes cast for National Maritime Union of America____ 628
Votes cast for Esso Tanker Men's Association---------- 568
Votes cast for neither________________________________ 82
Protested Vessels' Tabulation z
Approximate number of eligible voters__________________ __ 469
Total ballots cast -------------------------------- 4 22
Total challenged ballots -------------------------- 0
Total blank ballots ------------------------------
Total void ballots -------------------------------
I
2
Total valid votes counted_________________________________ 419
Votes cast for National Maritime Union of America_____ - 68
Votes cast for Esso Tanker Men's Association---------- 325
Votes cast for neither________________________________ 26
1 43 N. L. It. B. 528.
S The National Maritime Union of America , herein called the N. M. U., had participated
In the election among the personnel of 14 newly constructed or rebuilt vessels under pro-
test, alleging that such vessels should have made at least one trip before balloting was con-
ducted so that the employees would be better Informed as to the issues in the election and in
a position to make an Intelligent choice.,
59 N. L. R. B., No. 154.
776
STANDARD OIL COMPANY OF NEW JERSEY 777
Thereafter, the N. M. U. filed objections to the election contending,
in substance, that the election among the employees on the 14 newly
constructed or rebuilt vessels was unfairly conducted and that the Com-
pany discriminated against N. M. U. members and interfered with the
employees' right to select representatives by rendering assistance
to Esso Tanker Men's Association, herein called the Association,
during the course of the election. On May 10, 1944, the Regional
Director issued his Report on Objections finding that the only objec-
tion of the N. M. U. that raised substantial and material issues was that
pertaining to certain alleged interference by the Company. The
Regional Director reported that evidence had been presented indi-
cating that the Company had questioned employees concerning their
union membership and how they would vote in the election, and
had rendered assistance to the Association during the course of
the election by the action of an agent of the Company in re-
ferring seamen, upon assignment to new vessels, to representatives of
the Association who then enlisted their support in the election. The
Regional Director recommended that the Board direct a hearing on the
objections. The Company thereafter filed exceptions to the Report on
Objections, and the N. M. U. filed an answer to the exceptions. On
May 31, 1944, the Board, having duly considered the matter, directed
that a hearing be held on the objections which the Regional Director
found raised material issues. On November 4,1944, the Board, having
been advised that it appeared that a hearing on objections could not
be held, issued a notice that unless cause were shown by November 25,
1944, the Board would dismiss the petition herein without prejudice to
the right of either organization to file a new petition. On November
25, 1944, the Association filed its response to the foregoing notice,
objecting to the proposed dismissal of the petition on various grounds,
discussed below. The N. M. U. filed a comment on the Association's
responses, in substance, agreeing that the petition should be dismissed.
The Association objects to a dismissal of the petition in this case,
asserting (a) that it is entitled to certification on the basis of the
results of the election; (b) that although the Board's representatives
were frequently requested to hold a formal hearing on the N. M. U.'s
objections no such recommendation was made until almost a year had
elapsed since the issuance of the Election Report; (c) that the sugges-
tion in the notice of November 4 that a present certification might be
unrepresentative of existing conditions is immaterial and if followed
would permit any losing union to delay the issuance of a certification
by filing objections and eventually cause the Board to dismiss the pro-
ceeding because of the lapse of time; and (d) that the failure to certify
the Association has resulted in great harm in that collective bargaining
has been impossible and negotiations respecting grievances, wage in-
creases, and other matters have been suspended for more than 2 years.
778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Association, for the foregoing reasons, strongly urges that the
Board certify it as the exclusive representative without further delay.
We have carefully considered the contentions of the Association
and while we are impressed by the substantial equity of the Associa-
tion's position, we are constrained to conclude that the policies of the
Act will best be effectuated by dismissing the present petition. As the
foregoing recital of events shows, this case is still undetermined al-
though more than 2 years has passed since an election was directed.
Almost a year elapsed between the issuance of the Direction of Elec-
tion and the completion of the election. This circumstance was in
large part due to the fact that employees were polled when vessels were
in port, a practice which necessitated long waiting periods while ves-
sels and their crews were in foreign waters. Since , that time the
Board has devised improved administrative machinery for conducting
elections among seagoing personnel, and experience under this pro-
cedure has demonstrated that polling of seagoing personnel may now
be concluded within about 3 months or earlier. Further unavoidable
delay was occasioned in this case by the necessity of investigating
the objections filed by the N. M. U., which on their face raised sub-
stantial and material issues. The Board is satisfied that the Re-
gional Director investigated these objections with all possible dis-
patch, but here again the difficulty occasioned by wartime needs and
operations served to lengthen the period of investigation to almost
a year. As stated above, the Regional Director reported that evi-
dence in support of the objections had been presented to him raising
material issues respecting the election and, in accordance with the
Board's Rules and Regulations, recommended that a hearing be held.
It has now been ascertained that it would be virtually impossible to
conduct and conclude a hearing on the objections within any reason-
able period of time. On this state of the record the Board mani-
festly cannot either sustain the objections and set the election aside
or dismiss the objections and certify the Association. Moreover, we
take notice of the fact that the employees here involved are engaged
in an extremely hazardous wartime occupation in which the turnover
between voyages is great. It would appear, therefore, that only a
small fraction of the employees who participated in the election
are now in the Company's employ.
As we have previously held, a certification must be viewed as a
means for effectuating the policies of the Act, and merely declares that
a specified organization is the exclusive representative of certain em-
ployees; its primary purpose is to induce collective bargaining with
that representative in accordance with the policies of the Act. The
Association has no vested right that it be certified.3 It is plain that
8 See Matter of Cramp Shipbuilding Company, 52 N. L. R. B. 309; Matter of Shell Pa.
troleum Corporation , 52 N. L. R. B. 313.
STANDARD OIL COMPANY OF NEW JERSEY 779
the lapse of time has resulted in substantial alteration of the situation
in which our decision must operate. A certification of the Association
on the present state of the record would in our opinion rest upon
tenuous and ambiguous grounds and would not promote stability of
industrial relations or effectuate the policies of the Act .4 We conclude,
therefore, that the present proceeding should be brought to a close by
dismissal of the petition, without prejudice, however, to the filing
of a new petition by either organization. Should such a petition be
filed it could be processed to a conclusion within a relatively short,
time .-5 While we of course express no opinion as to the merits of the
objections filed herein, inasmuch as we have not held a hearing thereon,
we wish to point out that in any future election that may be held a
prompt and substantial prima facie showing in support of any objec-
tions must be made before the Regional Director should embark upon
an investigation.
ORDER
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to National Labor Relations Board Rules and Regula-
tions=Series 3, as amended,
IT IS HEREBY ORDERED that the election among the unlicensed per-
sonnel employed on the American-flag tankers of Standard Oil Com-
pany of New Jersey, New York City, held pursuant to the Direction
of Election issued herein on August 21, 1942, be, and it hereby is,
vacated and set aside;
IT IS FURTHER ORDERED that the petition for investigation and certifi-
cation of representatives filed herein by National Maritime Union
of America be,. and it hereby is, dismissed without prejudice.
4 See Matter of Minneapolis-Honeywell Regulator Company, 40 N. L. R. B. 633.
In view of the showing made by both unions in the election we are setting aside, we
believe it is unnecessary for the Regional Director to make the customary investigation and
report respecting the present designations of the N. M. U. and the Association among the
Company 's employees.